HomeMy WebLinkAbout#1632- Deed; TEMPORARY NON-EXCLUSIVE EASEMENT AGREEMENT vacated alley4:!L- /& '5 ;Z--"
TEMPORARY NON EXCLUSIVE
EASEMLvT AGREEMENT The first
vacated east/west alley south
of Cedar Street running
east/west from Frances Street
for a distance of
approximately 185 feet & the
first north/south alley east
of Frances Street.
9:31i710
TEMPORARY NON-EXCLUSIVE EASEMENT AGREEMENT
;} THIS TEMPORARY NON-EXCLUSIVE EASEMENT AGREEMENT hereinafter
called "Agreement" made and entered into this day of August,
1992, by and between TARIPP DEVELOPMENT CORPORATION, ("Grantor") and
THE CITY OF SOUTH BEND, INDIANA, ("Grantee").
WHEREAS, Grantor is the owner of certain real property located in
the City of South Bend, County of St. Joseph, State of Indiana, which
is more particularly described as follows:
The first vacated east/west alley south of Cedar
Street running east/west from Frances Street for a
distance of approximately 185 feet (hereinafter
referred to as the "Easement Area"); and
WHEREAS, by Ordinance No. 8177--91 of the South Bend Common
Council, Grantor obtained a. vacation of certain real property located
in the City of South Bend, County of St. Joseph, State of Indiv=na,
which is more particularly described as follows:
The first north/south alley east of Frances
Street, running south from Cedar Street, for a '10
distance of approximately 102.65 feet to the south
right-of-way line of the first east --west alley -�
south of Cedar Street, all in Hull's Subdivision,
and, as a condition of such vacation, Grantor agreed to provide
Grantee with a temporary easement over, upon, along and across the
Easement Area for purposes of ingress and egress in order to provide
access to between Frances and Eddy Streets, South Bend, Indiana; and
WHEREAS, said temporary easement expired by its terms on April 8,
1992, but due to circumstances beyond the control of Grantor and
Grantee, the need for said temporary easement continues to exist.
NOW, THEREFORE, in consideration of the mutual covenants and
promises hereinafter set forth, and for good and valuation paid by
each party hereto to the other, the receipt and sufficiency of which
is hereby acknowledged, it is mutually agreed as follows:
1. Grantor does hereby grant and convey to Grantee, together
with Grantee's successors, assigns, invitees, guests and licensees, a
temporary non-exclusive surface easement and right of way over, upon,
along and across the Easement Area for purposes of ingress and egress
in order to provide Grantee and its successors, assigns, invitees,
guests and licensees with access between Frances and Eddy Streets for
both pedestrian and vehicular traffic.
2. Grantee shall not do anything to impair, restrict, diminish
or interfere with the rights of others to use and enjoy the Easement
Area and agrees to maintain and keep such easement in good repair.
3. The easement hereby granted and its associated benefits and
obligations shall constitute covenants running with the real estate
call be binding upon the Grantor and its successors and
assigns. The easement hereby granted shall be for the use, benefit
and enjoyment of the Grantee and its successors, assigns, invitees,
guests and licensees.
The rights and privileges granted hereby terminate at 12:00 a.m.,
August 31, 1993, or upon the express written agreement of the parties
on a date and time prior to August 31, 1992.
This instrument may be amended or modified only by mutual
agreement extended by the parties or their respective successors and
assigns. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors,
assigns, tenants, invitees, guests and licensees.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first written above.
TARIPP DEVELOPMEN CORPORATION THE CITY OF SOUTH BEND
BY ITS BOARD OF PUBLIC WORKS
By:
Christophe J. atteo,
President
—� dme R Ca well -�
Ma y Hall Dueller
STATE OF INDIANA )
} SS:
COUNTY OF ST. JOSEPH }
Before me, a Notary Public in and for said County and State,
personally appeared Taripp Development Corporation, by Christopher J.
Matteo, President, who after being first duly sworn, acknowledged the
execution of the foregoing Temporary Non -Exclusive Easement Agreement
for and on behalf of said Corporation, and stated that the facts
therein stated are true.
WITNESS my hand and notarial seal this �`� day of August, 1992.:
C
c
Resident of 5� '�� County
v ..
My Commission Expires:
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This instrument prepared by Jenny Pitts Manier, Chief Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
9311710
N '93
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